Hawaii Small Claims Filing Fee: Cost, Payment Methods and Fee Waivers
The filing fee for a small claims case in Hawaii is $35 across all four judicial circuits. That number is set by HRS § 633-29 and hasn't changed in recent years. But the filing fee is only one part of the total cost of bringing a claim, and the questions people actually need answered — how to pay, whether it's waivable, and what else they'll spend — aren't on the form.
The $35 Filing Fee
You pay $35 when you submit your Statement of Claim and Notice to the District Court clerk. This is the same whether you're filing in Honolulu, Maui, Hilo, or Lihue, and whether your claim is a $500 unpaid invoice or a $12,000 security deposit dispute.
Check your circuit's current instructions for accepted payment methods. If you're filing by mail, include the $35 fee using an accepted method and a self-addressed stamped envelope for your file-stamped copy.
If you win, the $35 filing fee is recoverable as part of your judgment. The court adds it to the principal amount the defendant owes.
Fee Waivers for Financial Hardship
If you genuinely cannot afford the $35 fee, you can submit an application for fee relief based on indigency:
- First Circuit (Oahu): Form 1DC35
- Fifth Circuit (Kauai): Form 5DC13
The application is an ex parte filing — the other side isn't involved. You'll need to complete a sworn financial disclosure listing your monthly income, government assistance status (SNAP, Medicaid, SSI), assets, and recurring expenses. A judge reviews it without a hearing.
If approved, the court waives or postpones the filing fee. But the waiver covers only court fees — it doesn't cover process server costs, postage for certified mail service, or out-of-pocket witness travel expenses.
Other Costs Beyond the Filing Fee
The $35 fee gets your case into the system. Here's what else you might spend:
| Expense | Typical Cost | Notes |
|---|---|---|
| Filing fee | $35 | Statutory, all circuits |
| Certified mail service (clerk) | $19 plus postage | Current USPS extra-service fees: $14.35 for Certified Mail Restricted Delivery plus $4.65 for a hard-copy return receipt |
| Private process server | $45–$75 | If certified mail fails or you prefer personal service |
| Witness subpoena fees | $4/day + $0.20/mile | HRS § 607-12; must be tendered with the subpoena |
| Inter-island witness travel | Actual airfare + $6/day + mileage | Rare, but required if compelling an outer-island witness |
| Counterclaim fee (defendant) | $10 | Only if the defendant files a counterclaim |
If the clerk serves a straightforward claim by certified mail, the filing fee and USPS extra-service fees total $54 before postage ($35 + $19). The final cost depends on postage and packet size. A case requiring a process server and a witness subpoena could run $100 or more before the hearing.
Expert witness fees (if you hire, say, a contractor to testify about repair costs) are not recoverable from the losing party under Hawaii law, even if you win.
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Can You Recover These Costs?
The filing fee is always recoverable if you win. Process server fees and subpoena costs may be recoverable as "taxable court costs" depending on the judge's discretion and the specific expense. Keep receipts for everything — the judge can add legitimate litigation costs to the judgment amount.
Post-judgment interest runs at 10% per year under HRS § 478-3, which applies to the full judgment including court costs.
Making the Decision
For a claim worth $1,000 or more, the $35 filing fee and associated costs are a small fraction of the potential recovery. For very small claims — say, a $200 dispute — the math gets tighter, especially if you'll need a process server.
The Hawaii Small Claims Filing Guide includes a cost calculator worksheet that helps you estimate total expenses before filing, so you can decide whether the claim is worth pursuing and budget accordingly.
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